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HomeMy WebLinkAboutMinutes City Council - 04/12/2011MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 12, 2011 - 12:00 p.m. PRESENT Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. Priscilla Leal John Marez Mark Scott Linda Strong ABSENT Mayor Joe Adame Kevin Kieschnick City Staff: Interim City Manager Margie Rose City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Pro Tem Martinez called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor David Kelly with Trinity Worship Center and the Pledge of Allegiance to the United States flag was led by City Attorney Valdez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tem Martinez called for approval of the minutes of the regular Council meeting of March 29, 2011. A motion was made and passed to approve the minutes as presented. ************ Mayor Pro Tem Martinez referred to Item 2 and the following board appointments were made: Airport Board Adam Nuse (Reappointed) George B. Richard (Reappointed) William McCord (Reappointed) Donald M. Feferman (Appointed) Ed Hicks (Advisory, Non -Voting member) Committee for Persons with Disabilities Sabrina Ramirez (Appointed) Retired and Senior Volunteer Program Advisory Committee Donna Anne Kinney (Appointed) Oil and Gas Advisory Committee Tom Fisher (Reappointed) John Cantu (Reappointed) Paul Grivich (Appointed) Gary J. Meurer (Appointed) Clean City Advisory Committee Lori Galan -Garcia (Appointed) C.C. Convention and Visitors Bureau Ken Griffin (Appointed) Transportation Advisory Committee Edd Price (Reappointed) Curtis A. Rock (Reappointed) Anthony E. Colosi (Reappointed) Mayor's Fitness Council Dr. Charles H. Campbell Water Resources Advisory Committee Don Roach (Reappointed) Jeff Edmonds (Reappointed) Michael Cox (Reappointed) Donald K. Zimmerman (Appointed) INDEXED Minutes — Regular Council Meeting April 12, 2011 — Page 2 * ********** * Mayor Pro Tem Martinez called for consideration of the consent agenda (Items 3 - 18). There were no comments from the public. Council Member Leal requested that Items 13, 14, and 15 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2011-079 Motion approving the purchase of one (1) Peterbilt truck tractor and four roll off containers from Rush Truck Center of Houston, Texas for a total amount of $267,490. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The truck tractor and containers are replacements to the fleet and will be used by the Wastewater Department. Funding is available in the FY 2010- 2011 Capital Outlay Budget of the Fleet Maintenance Fund. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 4. MOTION NO. 2011-080 Motion approving the purchase of ten (10) Ford Fusions from Champion Ford, of Corpus Christi, Texas in accordance with Bid Invitation No. BI -0077-11, based on alternate bid for a total amount of $167,990. These units are replacements to the fleet and will be used by the Police Department. Funding is available in the FY 2010-2011 Capital Outlay Budget of the Fleet Maintenance Fund. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 5. ORDINANCE NO. 0289016 Ordinance authorizing the resale of property located at 4602 Surfside Boulevard for $20,000 which was foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $5,041.29. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 6.a. MOTION NO. 2011-081 Motion authorizing the City Manager to accept $4,290 in donations from event sponsors and registrants for expenses incurred in relation to the Texas Municipal League Region 11 Meeting hosted by the City of Corpus Christi on February 17, 2011. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 6.b. ORDINANCE NO. 029017 Ordinance appropriating $4,290 in donations in the No. 1020 General Fund for expenses incurred in relation to the Texas Municipal League Region 11 Meeting hosted by the City of Minutes — Regular Council Meeting April 12, 2011 -- Page 3 Corpus Christi on February 17, 2011; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $4,290 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 7.a. RESOLUTION NO. 029018 Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. The foregoing resolution was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 7.b. FIRST READING ORDINANCE Appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. The foregoing ordinance was passed and approved on its first reading with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 8. RESOLUTION NO. 02901.9 Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Agriculture for a Summer Food Program Grant in the amount of $249,802 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. The foregoing resolution was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 9.a. RESOLUTION NO. 029020 Resolution authorizing the City Manager or designee to execute all documents necessary to accept the $100,000 grant from the General Land Office (GLO), Coastal Management Program grant for beach, restroom, and parking access as part of the Corpus Christi Beach Promenade expansion; cash match is $67,000 from voter -approved Bond 2008 funding for Corpus Christi Beach improvements. The foregoing resolution was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 9.b. ORDINANCE NO. 029021 Ordinance appropriating $100,000 from the General Land Office (GLO) Coastal Management Program grant in the No. 1067 Parks and Recreation Grants Fund for beach, restroom, and parking access for the Corpus Christi Beach Promenade expansion. Minutes — Regular Council Meeting April 12, 2011 — Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 10. MOTION NO. 2011-082 Motion authorizing the City Manager or designee to execute Amendment No. 2 to the Contract for Professional Services with John R. Wright, Architect, of Corpus Christi, Texas, for a revised fee not to exceed $7,500 for a total contract amount not to exceed $57,300 for the Extend Promenade Northward on Corpus Christi (North) Beach project for additional design phase services. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnickwere absent. 11.a. ORDINANCE NO. 029022 Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ("Commission") for 2011 Buccaneer Days Festival and related activities to allow use of City property bounded by Resaca Street to Palo Alto Street and Shoreline Blvd. and N. Chaparral Street, up to and including Barge Dock area; during April 21 through May 9, 2011, and areas used for parade routes and paid parade viewing areas, as defined in the lease agreement; provide for Commission paying 50% police overtime and 100% all other City costs and fees. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 11.b. MOTION NO. 2011-083 Motion approving a $3.00 admission fee and/or $4.00 for adults (depending on date) and $3.00 per day for seniors, children under the age of 17 and persons with disabilities for Buccaneer Days Festival from April 21, 2011 through May 9, 2011. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 12. MOTION NO. 2011-084 Motion approving the application from Buccaneer Commission to temporarily close the following street sections for "Buc Days 2011" festivities, to begin Monday, April 18, 2011 through Sunday, May 8, 2011. a. The temporary street closure of Resaca Street between North Chaparral Street and Shoreline Boulevard beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. b. The temporary street closure of north and southbound Shoreline Boulevard between Resaca Street and the Art Museum of South Texas and including the barge dock; beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. Minutes — Regular Council Meeting April 12, 2011 — Page 5 c. In cooperation with the Texas Department of Transportation, the temporary street closure of North Broadway Street, including under US 181 Harbor Bridge, between Fitzgerald Street and Brewster Street for staging of professional rodeo cowboys truck/trailers beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. d. The temporary street closure of Fitzgerald Street between North Broadway Street and Mesquite Street for staging of professional rodeo cowboys truck/trailers beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. e. The temporary street closure of Water Street between Palo Alto Street and Resaca Street beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. f. The temporary street closure of Fitzgerald Street between North Chaparral Street and Shoreline Boulevard, beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. g. The temporary street closure of Shoreline Boulevard between Power Street and Resaca Street, and including the seawall, beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. h. The temporary street closure of Palo Alto Street between Water Street and Shoreline Boulevard, beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 16. MOTION NO. 20101-088 Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with the Estate of Albert F. Stuchly, et al, for the amount of $89,900 plus $1,500 for closing costs for a total expenditure of $91,400, for purposes of acquisition of Parcel 11 containing .812 acres of land located at the southwest corner of the intersection of U.S. Highway 77 and County Road 52, for proposed street right-of-way improvements in connection with the County Road 52 Street Improvement Project — US 77 to County Road 69, Project #6163, and for other municipal purposes. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, and Strong, voting "Aye"; Scott abstained; Adame and Kieschnick were absent. 17.a. MOTION NO. 2011-089 Motion approving the Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement submitted by Devary Durrill Foundation, owner and developer of 100 South Padre, Block 1, Lot 1, located east of South Padre Island Drive (SH 358), between Bear Lane and Investment Boulevard, including all related appurtenances. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. Minutes — Regular Council Meeting April 12, 2011 — Page 6 17.b. ORDINANCE NO. 029024 Ordinance appropriating $107,557 from the No. 4030 Grid and Arterial Transmission Mains Trust Fund to reimburse Devary Durrill Foundation for the installation of 791 linear feet of 12 - inch water grid transmission main, including all related appurtenances for development of 100 South Padre, Block 1, Lot 1, as specified in the Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, , Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 18.a. MOTION NO. 2011-090 Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by North Beach Holding, LLC, owner and developer of Corpus Beach Hotel Addition, Block III, Lot 52A, located south of Hotel Place South, between Surfside Boulevard and Corpus Christi Bay, including all related appurtenances. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 18.b. ORDINANCE NO. 029025 Ordinance appropriating $26,051.75 from the No. 4030 Distribution Mains Trust Fund to reimburse North Beach Holding, LLC for the installation of 695 linear feet of 8 -inch water distribution main, including all related appurtenances for development of Corpus Beach Hotel Addition, Block III, Lot 52A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. Mayor Pro Tem Martinez opened discussion on Item 13 regarding the Selena Auditorium Lighting Control System & Infrastructure Project. Council Member Leal stated that she was glad that the lighting was being fixed for the Selena Auditorium and would like the City to maintain the public facilities. Director of Engineering Services Pete Anaya reported that the City is addressing the repairs at the Selena Auditorium and will also be repairing the spalling concrete on the steps at the American Bank Center. Council Member Elizondo asked whether the City is working on a comprehensive maintenance program for the City facilities. Interim City Manager Rose explained that the American Bank Center has provided information on the capital improvements needed at the American Bank Center and will be discussed during the budget process. Mr. Elizondo requested a presentation on the comprehensive facility maintenance program. Council Member Strong requested that the Art Museum of South Texas be considered in the maintenance program. City Secretary Chapa polled the Council for their votes as follows : 13. MOTION NO.2011-085 Motion authorizing the City Manager or designee to execute a construction contract with Facilities Solution Group (FSG), Inc. of Corpus Christi, Texas in an amount not to exceed $1,070,875 for the Selena Auditorium Lighting Control System and Infrastructure project for the Base Bid and Additive Alternate 4. Minutes — Regular Council Meeting April 12, 2011 — Page 7 The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. Mayor Pro Tem Martinez opened discussion on Item 14 regarding the Lift Station Rehabilitation 2011 project for Everhart and Staples Lift Station and Padre island Section 4 Lift Station. Council Member Leal asked when the lift station at Pierce and Port Street will be considered for rehabilitation. Director of Wastewater Operations Foster Crowell stated that the Pierce and Port Lift station is fairly new and is not scheduled for any rehabilitation at this time. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2011-086 Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $103,900 for Rehabilitation of Lift Stations FY 2011 for the design, bid, construction, and additional services. The two lift stations to be rehabilitated under this contract are: • Everhart and Staples Lift Station • Padre Island Section 4 Lift Station The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. Mayor Pro Tem Martinez opened discussion on Item 15 regarding the Rolled Curb and Gutter Life Cycle Replacement FY2011. Council Member Leal explained that Ti -Zack Concrete performed curb and gutter work near Galvan Elementary School and left an exposed area open for three (3) weeks which could have been a safety issue for children in the area. Director of Engineering Services Pete Anaya reported that staff has discussed this issue with Ti -Zack Concrete as being unacceptable and they have assured the City that they will be more diligent. City Secretary Chapa polled the Council for their votes as follows: 15.a. ORDINANCE NO. 029023 Ordinance appropriating an amount of $447,048 from the Unreserved Fund Balance in Fund No. 4300 forthe Rolled Curb and Gutter Life Cycle Replacement FY 2011 Project; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $447,048. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 15.b. MOTION NO. 2011-087 Motion authorizing the City Manager or designee to execute a construction contract with Ti - Zack Concrete, Inc. of Le Center, Minnesota, in the amount of $347,700 forthe Rolled Curb and Gutter Life Cycle Replacement FY 2011 Project. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. ************* Minutes — Regular Council Meeting April 12, 2011 — Page 8 Mayor Pro Tem Martinez announced the executive sessions, which were listed on the agenda as follows: 19. Executive session under Texas Government Code Section 551.071 regarding Cause No. 2011 -DCV -1103-C, J.D. Maldonado et al vs. City of Corpus Christi, in the 94th District Court, Nueces County, Texas, with possible discussion and action in open session. 20. Executive session under Texas Government Code Section 551.071 (2) Consultation with Attorney regarding a matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct and under Volume 31 U.S.C. clearly conflicts with the requirements of Chapter 551 of the Texas Government Code. 21. Executive Session under Texas Government Code Section 551.071 for consultation with its attorney regarding Texas Commission on Environmental Quality Notice of Enforcement for the Comprehensive Compliance Investigation (Investigation No. 762159) at Greenwood Wastewater Treatment Facility, located at 6541 Greenwood Drive, at the intersection of State Highway 357 (Saratoga Boulevard) and Greenwood Drive, about 1.5 miles south of South Padre Island Drive, in the City of Corpus Christi (Nueces County), Texas; Regulated Entity No.: RN101610400: TCEQ ID No.: WQ0010401-003; EPA ID No.: TX0047074, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. No action was taken in open session. ************ Mayor Pro Tem Martinez referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0211-01, Acapulco Restaurant: The applicant is requesting a change of zoning from the "R-1 B" One -family Dwelling District to the "B-1" Neighborhood Business District resulting in a change of future land use from a low-density residential use to a commercial use. The property to be rezoned is Koolside Subdivision, Block 1, Lots 24 & 25, located 500 feet north of McArdle Road along the east side of Dorthy Drive. Assistant City Manager Johnny Perales referred to a powerpoint presentation including an aerial view; the existing land use map; the future land use map; an ownership map; conceptual design; views of the subject property; and department concerns. Mr. Perales stated that the staff recommended denial of the applicant's request for a change in zoning from the "R-1 B" One -family Dwelling District to the "B-1" Neighborhood Business District. Mr. Perales stated that Planning Commission recommended denial of the applicant's request for a change in zoning from the "R-1 B" One -family Dwelling District to the "B-1" Neighborhood Business District, and in lieu thereof, approval of the "R-1 B/SP" One -family Dwelling District with a Special Permit and seven (7) conditions. Mayor Pro Tem Martinez called for comments from the audience. Phil Rosenstein, 949 Babalo, spoke in favor of the Special Permit. Joe Garcia, 509 Lawrence and representative for the applicant, was available to respond to questions. Jerry Silva, 4801 Arlene, spoke in opposition to the zoning change and expressed concern regarding noise and trash. Minutes -- Regular Council Meeting April 12, 2011 — Page 9 In response to Council Member Marez, Mr. Perales explained that the denial for rezoning in 2006 for this property was a result of the applicant's desire to have access through Dorthy Street and the current application provides for a privatized wall and landscaping. Council Member Marez said he would like to have heard more from the neighborhood. Mr. Perales stated that the applicant provided a petition of 1300 signatures to the Planning Commission in support of the rezoning. Council Members Strong and Adler spoke is support of the zoning change. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 029026 Amending the Zoning Ordinance, upon application by Acapulco Restaurant, by changing the Zoning Map in reference to Koolside Subdivision, Block 1, Lots 24 & 25, located 500 feet north of McArdle Road along the east side of Dorthy Drive, from the "R -1B" One -family Dwelling District to the "R-1 B/SP" One -family Dwelling District with a Special Permit and seven (7) conditions, not resulting in a change of future land use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. Mayor Pro Tem Martinez referred to Item 23 regarding the FY2011-12 Consolidated Annual Action Plan (CAAP). Director of Neighborhood Services Eddie Ortega provided a brief presentation including the public hearing process; funding for Community Development Block Grant (CDBG) in the amount of $3,240,000, with an additional $700,000 from revolving rehabilitation loan program and $166,424 from reprogrammed funds; HOME Investment Partnership (HOME) funding in the amount of $1,485,000 with an additional $770,000 from reprogrammed funds; Emergency Shelter Grants (ESG) funding in the amount of $150,000; and staff recommendation as noted in Attachment "D". Mr. Ortega stated that the City has not received the official figures from the U.S. Department of Housing and Urban Development (HUD) regarding the allocation and has projected a 10% reduction in funds from last year's CAAP for planning purposes. Interim City Manager Rose reiterated to the public that the plan is operating under a 10% reduction; however, staff might have to come back to deal with the possible drastic reduction once the actual amounts are provided by HUD. A motion was made, seconded and passed to open the pubic hearing on the Consolidated Annual Action Plan: 23,a. Public hearing regarding the City of Corpus Christi's proposed FY 2011-2012 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG) Programs. Mayor Pro Tem Martinez called for comments from the audience on CDBG projects 1 - 46. Ann Baker, CPO of the Boys and Girls Club of Corpus Christi, stated that the Boys and Girls Club appreciates any funding consideration. Phyllis Finley, Cliff Maus Village Trust, asked for consideration for any funding for CDBG-Cliff Maus Village Trust to replace the cast iron interior plumbing. Rosa Pizzi, Corpus Christi Metro Ministries, appreciated consideration in supporting staff's recommendation for CDBG-Corpus Christi Metro Ministries. Diane Lowrance, Executive Director for Mental Health Mental Retardation (MHMR) of Nueces County, thanked the Council for their support over the years and recognized board members in the audience. Ms. Lowrance reported Minutes — Regular Council Meeting April 12, 2011 — Page 10 that the funding for CDBG-MHMR of Nueces County would help with some efficiency at the building. Linda McKamie, Executive Director for Mother Teresa Shelter, Inc., thanked the Council for their continued support and provided background information on the CDBG-Mother Teresa Shelter, Inc. project. Ms. McKamie requested consideration for additional funding for the project. Sylvia Ford, Board Director for Mother Teresa Inc., stated that the City approached Mother Teresa regarding the CDBG-Mother Teresa Shelter project to provide transition housing of homeless individuals. Ms. Ford reported that this project has a capital contribution of $656,279 and is project ready and request consideration for additional funding. Moses Leyba, President of Universal Little League, stated that the request for CDBG-Universal Little League also includes roof repairs and asked that the request include the roof repairs for consideration. Jaime Garza, Vice President of Universal Little League, stated that Universal Little League is working to make improvements to help every child in the community. Melinda Faugh, Executive Director of Wesley Community Center, stated that Wesley Community Center truly appreciates everything the City has done for the center. Ms. Faugh explained that the CDBG-Wesley Community Center request is for improvements to the classroom, pantry, and cafeteria air condition system. The following topics pertaining to this item were discussed: how the CAAP funding levels were determined; the reason Collier Pool and Parker Pool were considered ineligible projects; the administration cap and allocation percentage; CDBG Accessible Routes in the Manshiem/Sunnybrook Residential Area project street blocks; whether the total $200,000 current funding will be expended for CDBG-Program Administration; consideration for CDBG-Ethel Eyerly Senior Center improvements; the CDBG-Amistad Community Health Center program and whethera portion of the funding could assist the program; the number of patients assisted at Amistad Community Health Center; whether Charlie's Place has been provided funding every year; an explanation of the project for CDBG-Gonzalez Foundation Inc. and whether there is any activity currently at the location; if the CDBG-CDBG-Nueces County Community Action (NCCAA)/Weatherization/Minor Home Repair program is specifically targeted to NCCAA projects; and whether the $50,000 staff recommendation for CDBG-Universal Little League included consideration for roof repairs, ADA improvements and the bleachers. Jaime Nodarse, Director of Resource Development for Amistad Community Health Center, responded to questions about the health center and stated that the CDBG-Amistad Community Health Center project is to renovate six (6) additional patient exam rooms to accommodate additional patients and expand. Ms. Nodarse stated that any funding would be extremely helpful. Tony Reyes, Board Member for Amistad Community Health Center, said that Amistad Community Health Center works with local hospitals to service the needs of the community. Ann Fierova, Del Mar College, responded to questions regarding CDBG-Del Mar College/Business Resource Center program and provided information regarding the number of households assisted and the number of jobs created. Bob Beanland, Business Manager for Del Mar College Business Resource Center, stated that the CDBG funding is leveraged with other grant programs. Council Members Adler, Leal, and Martinez requested that staff consider any funding to remodel CDBG-Ethel Eyerly Senior Center. Council Member Scott asked staff to look for options to fund CDBG-Amistad Community Health Center. Mayor Pro Tem Martinez opened discussion on ESG projects 1 — 10. No one appeared in opposition to the staff's recommendations for the CDBG programs. Minutes — Regular Council Meeting April 12, 2011 — Page 11 Mayor Pro Tem Martinez opened discussion on HOME projects 1 —10 and called for public comment from the audience. Michael Wynn, President of Atlantic Housing, asked for reconsideration to fund HOME -Dolphin's Landing in the loan amount of $981,000 to rehabilitation a 218 -unit apartment complex serving low income families. The following topics pertaining to this item were discussed: the process in determining support for HOME -The Palms at Leopard and not recommend any funding for HOME -Dolphin's Landing; the resolution approved by the City Council to support The Palms at Leopard project as a first priority application; whether other parameters were considered other than the resolution; The Palms at Leopard project request for support from the City; local support for state tax credits; whether there is a project in Flour Bluff applying for state tax credits; if The Palms at Leopard project funding is a loan; support for the resolution not being contingent upon funds from the HOME program; the number of times a project has requested a resolution for local support prior to the CAAP; The Palms at Leopard being the only project requesting a letter of support from the entire Council; and other local letters of support for the HOME projects. Mr. Ortega explained that the Council resolution of support for The Palms at Leopard project was not a determining factor for the funding, it was a contributing factor. Mr. Ortega added that the other contributing factor was the presentation made for The Palms at Leopard project to create a new project and demolish the existing Northside Manor. Council Member Leal asked staff to reanalyze the funding for HOME -Dolphin's Landing project. Mayor Pro Tem Martinez also requested that staff review the HOME program allocations. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Adler, and passed. Council Member Leal announced that she would abstain on the vote as it relates to the Nueces County Community Action Agency projects. Mayor Pro Tem Martinez announced that she would abstain on the vote as it relates to the Mother Teresa Shelter, Inc. project. Ms. Leal made a motion directing staff to eliminate the allocation from HOME -The Palms at Leopard in the amount of $865,000 and reallocate to HOME -Dolphin's Landing in the amount of $865,000. The motion failed for lack of second. Ms. Adler made a motion to accept the CDBG, ESG, and HOME allocation as recommended by staff with consideration to comments made by the Council. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnickwere absent. (Note: Leal abstained on the vote on the portion of the motion relating to the Nueces County Community Action Agency. Martinez abstained on the vote on the portion of the motion relating to the Mother Teresa Shelter, Inc.) * * * * * * * * * * * * * Mayor Pro Tem Martinez called for petitions from the audience. Bryan Menard, 3213 Cedar Hollow, spoke regarding accessibility concerns on the format that the Council Agenda is posted on the City's website and the pipe ban. Philip Ramirez., 322 Monica, thanked the Council for their continued support of the Pride program and the great work of the committee. Pride Committee members Stacy Richards and Michelle Peters were also in attendance to show support for the Pride program. Minutes — Regular Council Meeting April 12, 2011 — Page 12 ************* Mayor Pro Tem Martinez opened discussion on Item 24 regarding Up River Road from Rand Morgan Road to IH 37 (inside the City limits only). Director of Engineering Pete Anaya referred to a powerpoint presentation including a background; project location; project scope; schedule; and budget. In response to Council Member Elizondo, Mr. Anaya stated that coordination will be made to accommodate the emergency vehicles. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. MOTION NO. 2011-091 Motion authorizing the City Manager or designee to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $3,817,209 for Up River Road Improvements from IH 37 exit near Rand Morgan Road to IH 37 exit near Crosstown Expressway (inside City limits only) for the Base Bid and Additive Alternate Nos. 1, 2, and 3. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Scott, and Strong, voting"Aye"; Adame, Kieschnick, and Marez were absent. Mayor Pro Tem Martinez opened discussion on Item 25 regarding the Wastewater Capital Improvement Projects (CIP). Assistant City Manager Oscar Martinez explained that this item is an appropriation of $10,000 from the Unreserved Wastewater Fund balance to be used for Wastewater Capital Improvement projects thus reducing the Wastewater FY2011 capital borrowings which will put less pressure on rate increases for FY2012. In response to Council Member Leal, Mr. Martinez reported that the Unreserved Fund Balance is $19 million. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. ORDINANCE NO. 029027 Ordinance appropriating $10,000,000 in the Unreserved Wastewater Fund Balance to be used for Wastewater Capital Improvement Projects, thus reducing FY 2011 Wastewater Capital borrowings; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 to increase expenditures in Fund No. 4200 by $10,000,000 and transferring to Wastewater Capital Reserves Fund No. 4510. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Pro Tem Martinez adjourned the Council meeting at 4:28 p.m. on April 12, 2011. ************* I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of April 12, 2011 which were approved by the City Council on April 19, 2011. WITNESSETH MY HAND AND SEAL, on this the 19th day of April, 2011. Armando Chap City Secretary SEAL